Gladstones /court defence help

Dane19

Hello

I have received a copy of Gladstone’s DQ on 11/01/22 but still nothing showing on MCOL regarding my DQ. So do i wait regardless of how long it takes or do i print one and send it?

Appreciate any feed back.

Thanks

Redx

Dane19 said:

Hello

I have received a copy of Gladstone’s DQ on 11/01/22 but still nothing showing on MCOL regarding my DQ. So do i wait regardless of how long it takes or do i print one and send it?

Appreciate any feed back.

Thanks

You wait until the Claim history says a DQ has been posted ( or until it arrives in the post. ) , Then download the pdf , fill it in on your laptop etc , then email it to the ccbcaq email address , checking for the auto receipt coming back , plus copy in the solicitors ( or claimant if no solicitor is involved )

Don't do it yet , no need to print it either !

Dane19

Hello All 

Update and few questions.

Have received a date for the court hearing 

1. What are the chances that the claimant will pay the fee ?

2. This is my father’s case who will be abroad at the time of the court hearing ,it is mentioned  “the district judge will hear the case in your absence” 
so can I represent him ? If yes what is the procedure.

3.I have not fully understood on the second page which I have boxed in red,
I have already submitted everything, (exhibits & witness statement) the court requested it before they gave a hearing date. Do I need to deliver again?  And to the other party do I email them or post?


Much appreciate any feedback.

Coupon-mad

Well this is the (fully expected) standard hearing directions.  WS & evidence stage is fully covered already in the NEWBIES thread, albeit don't click on the RobertCox example WS because that's superseded in 2022 by the bundle finalised in the thread by @aphex007

Sorry to say: your Dad will almost certainly lose by not attending and you cannot attend in his absence.

He should have updated the local court with his unavailable dates late this year to stop them choosing a date when he is abroad. Can't change it now.

BUT he could email the court and politely ask to attend remotely by video meeting or phone. People attend hearings remotely all the time now.

Dane19

Coupon-mad said:

Well this is the (fully expected) standard hearing directions.  WS & evidence stage is fully covered already in the NEWBIES thread, albeit don't click on the RobertCox example WS because that's superseded in 2022 by the bundle finalised in the thread by @aphex007

Sorry to say: your Dad will almost certainly lose by not attending and you cannot attend in his absence.

He should have updated the local court with his unavailable dates late this year to stop them choosing a date when he is abroad. Can't change it now.

BUT he could email the court and politely ask to attend remotely by video meeting or phone. People attend hearings remotely all the time now.

The issue is he had a phone call in October telling him to send the evidence so they can call him into court, he didn’t think it will be way away in march when he will be away. 

I will email the court and request them your suggestions.

Thank you.

Coupon-mad

What did he send in and did he sign it under a statement of truth?

You did read the NEWBIES thread section on WS and exhibits bundles and knew what to do?

A phone call in October was bound to mean a Spring hearing because there were only weeks to go until the Xmas break.  Opportunity missed to avoid this hassle and attend the hearing.

People lose almost every time in their absence. 

Dane19

Coupon-mad said:

What did he send in and did he sign it under a statement of truth?

You did read the NEWBIES thread section on WS and exhibits bundles and knew what to do?

A phone call in October was bound to mean a Spring hearing because there were only weeks to go until the Xmas break.  Opportunity missed to avoid this hassle and attend the hearing.

People lose almost every time in their absence. 

Yes we followed the NEWBIES thread, sent WS and exhibits with the statement of truth signed. I also sent a video which they wrote back saying at the hearing he needs to bring a laptop to show the judge as the court machines cannot play them. 

For someone who’s new to this doesn’t know how long this whole procedure takes they should at least ask for available dates. 

lets hope they don’t turn up as I have read in a lot of threads that could be the case.

If there’s any thing else I should do please advise.

Thank you

Le_Kirk

Dane19 said:

For someone who’s new to this doesn’t know how long this whole procedure takes they should at least ask for available dates. 

The CCBC send a DQ - N180 directions questionnaire in which they ask for available dates and, more importantly, any dates when the defendant is NOT available.

Dane19

Le_Kirk said:

Dane19 said:

For someone who’s new to this doesn’t know how long this whole procedure takes they should at least ask for available dates. 

The CCBC send a DQ - N180 directions questionnaire in which they ask for available dates and, more importantly, any dates when the defendant is NOT available.

Yes they did but that was in January 2022. Not being available for march 2023 was not known then. 

Dane19

Hello All

I have received this from Gladstones with their witness statement, for the recap my father is out of the country and also cannot attend. I have notified the court so my question is what happens now? 

Thank you

We act for the claimant in the above matter.  

 

Please find attached, by way of service, the Claimant's Witness Statement.     

   

In accordance with CPR 27.9 our Client hereby gives notice that it will not be attending the hearing.  

   

We confirm the court has been informed and that we have asked the Court to decide the claim in our Client's absence based on the evidence submitted.  

   

We confirm the statement has been filed at the Court  

Yours sincerely,